Penalty Notice from Indigo - Breach Code 1

Gutsygirl90

Hi All,

I am new to this but I have received a ticket for breach code 1 - not displaying a valid ticket or voucher.

I regularly use this car park and pay by mobile app.

I just completely forgot yesterday and when I did remember at 1pm, I bought a ticket anyway knowing that I had already probably received a ticket.

Whats the best appeal route to take with this? I have paid Indigo a fine before and not doing it again!

Please help

:money:

Gutsygirl90

I forgot to add I have had 1 ticket from them before which I stupidly paid, I then had another ticket from them which I appealed and then had to appeal with Popla (this ticket is still on hold because of byelaws)

Now I have this new ticket.

twhitehousescat

the ticket you have just recieved , was it on railway land?


ps : when did your previous one go to POPLa ?

Gutsygirl90

Yes, it was in a South Eastern Railway carpark.

My last ticket which went to Popla was issued in June!

twhitehousescat

OK , to the general public , this is thec POPLA statement :

POPLA has taken the decision to consider the cases previously adjourned due to Byelaws. We initially placed these appeals on hold after receiving complaints that we did not have the remit to consider if a Byelaw had been breached. After considering our position, we feel it is important to offer an appeal service to motorists so that they can have an independent assessment made. As such, we will look at the appeals we have placed on hold since September 2016. As of 5 January 2017, we had approximately 1,300 appeals on hold. If you have an appeal on hold for this issue, we would ask for your patience while we work through these. We would remind you that while an appeal is with POPLA, the parking operator is unable to pursue payment.



HOWEVER the ISPA (that overlook POPLa ) have stated

POPLA and appeal process for Railway Land
There is a meeting on 27th January 2017 to discuss this issues. John Gallagher decided to
make a decision on the outstanding cases as they could not stay adjourned, he concluded
that he would allow them all. He has invited the Operators to withdraw them and will allow
the rest. He is meeting with with the DVLA, DCLG and the Railway Operators on the 27
January 2017 to agree the process including the appeals.
If you park in a railway car park it will be a criminal case and they will allow clamping, which
does not seem good practice.
One possibility is the DVLA to say that operators can continue to use POPLA but this means all
appeals will be dismissed. Currently they are bound by the decision where the appellant is
not. The alternative will be to take POPLA out of the equation and then it is pursued through
the criminal system


so , there is your answer , as soon as you screem "railway bylaws" POPLa will decline the PPCs claim .

your case at present , and the new one will end up "no evidence supplied" in order to savre the PPC £27 per case

Gutsygirl90

Thank you for taking the time to come back to me.

So what would be your advice for me now as I am super confused!

Gutsygirl90

Hi,

Did you see my last post on the thread? What would you advise now? Thanks :beer:

twhitehousescat wrote: »

the ticket you have just recieved , was it on railway land?


ps : when did your previous one go to POPLa ?

Umkomaas

You need to appeal to Indigo, using the blue text initial appeal in the NEWBIES sticky, Indigo will reject and give you a POPLA code. Appeal to POPLA with advice from us when doing so.

twhitehousescat

read the newbies thread and send a appeal to the operator , this is a BPA company , so the link is written in blue , take your time , and when they decline , take your time submitting the popla appeal , the TOC could take you to court , but there is a 6 mth max timeout , no matter what with your first appeal at popla , that one is dead now

https://forums.moneysavingexpert.com/discussion/4816822

Fruitcake

As above. When you get to PoPLA you point out to the assessor that this is non relevant land covered by byelaws. Quote the words that twhitehousecat has kindly provided as well as all the other usual PoPLA appeal points you will use.

Alternatively tell Indigo the above straight away in addition to the standard NEWBIES appeal template so they can save themselves the embarrassment of losing at PoPLA, and £27 plus VaT.

Make sure you do not reveal the driver's identity. Although it is not essential for a byelaws case, it is a good habit to get into.

twhitehousescat

PS: under railway bylaws , there is no such offence written , of failing to display a ticket

the act was amended back in 1842 after a spate of injured horses due to tickets being pinned to them


















joking , it was 1875